Terms & Conditions

INTRODUCTION

Cabcher (“application”) owned and managed by NEGUP SOLUTIONS (OPC) PRIVATE LIMITED (“we,” “us,” or “our”) welcomes you.

We offer you access to our services through our “Application” (defined below) subject to the following Terms of this agreement, which may be updated by us from time to time with or without notice to you. We strongly recommend you please go through these Terms and Conditions. By accessing and using this Application, you acknowledge that you have read, understood, and agree to be lawfully bound by these terms and conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then please do not use the Application.

DEFINITIONS

• “Agreement” refers to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Application;
• “Service” or “Services” refers to any service shown below, which we may offer from our Application.
• “User”, “You” and “Your” refers to the person who is accessing the application for taking or availing of any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Application;
• “We”, “us”, “our” and “Company” are references to NEGUP SOLUTIONS (OPC) PRIVATE LIMITED located at W126, 3rd Avenue, Anna Nagar, Chennai, India – 600040
• “Application” shall mean and include “Cabcher”, and any successor Application/website of the Company or any of its affiliates;
• “User Account” shall mean an electronic account opened for the customer for availing various services offered on the application;

INTERPRETATION

• All references to the singular include the plural and vice versa and the word “includes” should be construed as “without limitation”.
• Words used herein regardless of the number and gender specifically used shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context requires.
• Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments, or replacements for the time being in force.
• All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit, or affect the meaning or interpretation of the terms of this Agreement.

INTRODUCTION AND SCOPE

• Scope. These Terms govern your use of the Application and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their terms of service.
• Eligibility: Certain Service of the Application is not available to minors under the age of 18 or to any users suspended or removed from the system by us for any reason.
• Electronic Communication: When you use this Application or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.

SERVICES

At Cabcher, we offer you meticulously designed Cloud-based Taxi Dispatch Software where we offer a taxi management system.

MODIFICATIONS TO THE SERVICE

We reserve the right, at our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to its Application. Your continued use of the Site following the posting of changes will mean that you accept and agree to the Changes.

REGISTRATION

If you access this Application anonymously, you will not be required to create a user name. But, to access certain Resources, you may be required to provide specific information like Name, Email, Phone number, Address, Company name, Company email, Company address, etc., and create a user ID and password to establish an account.

You agree that the information you provide in connection with establishing any account is accurate and that you will keep your information up-to-date. You are responsible for the security of all of your user names, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.

SCAMMING, SPAMMING, OR MISLEADING USERS

We believe NEGUP SOLUTIONS (OPC) PRIVATE LIMITED should stay a clean place and we work hard to make it reliable and useful to our users. Therefore we do not tolerate any illegal activities, scams, spam, or trying to mislead other users to gain an advantage, get free work, or ask others to perform actions that are not legal. We monitor many things in the backend and as soon as we notice strange behavior, we put such accounts on hold and contact the owner. In cases where we are 100%, a user has tried to perform an illegal activity, we will immediately terminate such an account.

DELIVERY

The Service (including any enhancements, upgrades, or updates) shall be transmitted by the Company to the User through Software. The Company will integrate its service with the User’s current Platform.

USER SUBMISSION

Content Responsibility.

When you use Cabcher you agree to adhere to the content guidelines listed in our terms and privacy policies. You are solely responsible for the content submitted by you.

Please do not use content that:

• contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature
• is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims
• violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community
• discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in any manner prohibited by law
• violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance
• uses or attempts to use another’s account, password, service, or system except as expressly permitted by the Terms of Use uploads or transmits viruses or other harmful, disruptive, or destructive files
• sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects
• Information or data which are unlawfully obtained

Any such submitted content will be refused by us. If repeated violations occur, we reserve the right to cancel user access to our services without advanced notice.

LIMITED GUARANTEE

By this Application:

• We provide an opportunity for you to avail the offered Product and Services from our Application.
• We do not provide any warranty or guarantee that the Product and Service descriptions are accurate, complete, reliable, current, or error-free. If a Product or Service offered by the Application is not as described, your sole remedy is to intimate us about the Services for taking further action.

PAYMENT/FEE

• All the purchases for any software/service available on the application shall be governed by our terms and conditions.
• While providing your details you must be careful and warrant that the information provided is true and accurate.
• Payment mode shall be:
  • Online: Credit Cards and Debit Cards
• You must notify us instantly if any particulars are inappropriate. If your payment has not been accepted you will be informed of this in writing along with the reasons.
• We may ask you to supply additional information relevant to your Transaction, including the last four digits of your credit card number (or other payment information), the expiration date of your credit card, and your email and postal addresses for billing and notification (such information, “Payment Information”).
• You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information.
• When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges).
• Subscriptions: If you purchase a Subscription, you will be charged the one-time usage, monthly and annual (as applicable) Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your subscription and each month or year (as applicable) thereafter, at the then-current Subscription Fee. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month or year on the anniversary of the commencement of your Subscription, using the Payment Information you have provided until you cancel your subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations before cancellation of your Subscription by you or us.
• We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.
• We take customer feedback very seriously and use it to constantly improve our products and quality of service.

TRIAL PERIOD

We offer a free trial period of 7 days where the user may cancel the subscription without being charged, after the 7 days the amount for the plan you chose will be deducted. The user shall be required to register with the website for using our service on trial.

Users must cancel their subscription 24 hours before the trial expires else, they will be charged a full payment for the period.

Note: We reserve the right to any changes in the refund policy. Any changes will be updated on our website.

REFUND AND CANCELLATION POLICY

Our general policy is your purchase will be considered final.

Subscriptions come with a 7-day free trial and will then be billed monthly or annually depending on what package you have chosen.

Without limiting the foregoing, you may cancel after completing 7 days trial at any time, upon such cancellation, you can still use the applicable paid service until the end of the terms you paid for.

For Cancellation of subscription, please cancel your subscription before 24 hours of renewal.

In a determination to accomplish customer satisfaction, the Customer can contact us through our email: [email protected] We will respond within 3 (Three) business days.

GEOGRAPHIC RESTRICTION

We reserve the right, but not the obligation, to limit the usage or supply of any product or service to any person, geographic region, or jurisdiction. We may use this right as per necessity.

LICENSE

Grant of license:

• Subject to the terms and conditions of this Agreement Company hereby grants the User a non-exclusive, non-transferable, revocable license to use the Software and Service for the Term.
• The User understands and acknowledges that the User shall not have the right to sublicense or re-distribute the Service to third parties.
• Nothing in this Agreement shall be considered as a grant of title or ownership in the Service to the User.

MOBILE APPS

We request background location permissions to facilitate the drivers to manage their incoming rides. Our Users send taxi rides to them, and they are allowed to send live updates so the administration can track while the driver is on a job even when the app is in background or closed.

To manage all the rides the drivers who work for our Users need to have a driver app so we can monitor their schedule. Based on the GPS location we can track the driver on each ride, and see if he is delayed, running out of schedule etc. This information is essential to manage the Users daily schedule and keep our Users clients updated with the latest status without calling the driver.

Location data from Cabcher Driver App will be stored securely on our server and it will not be shared with any third-party providers.

USER RESPONSIBILITIES

• You shall use the Service and Application for a lawful purpose and comply with all the applicable laws while using the Application;
• You shall not upload, any content on the application that:
• Defamatory, infringes any trademark, copyright, or proprietary rights of any person or affects anyone’s privacy, contains violence or hate speech, including any sensitive information about any person.
• You shall not use or access the Application for collecting any market research for some competing business;
• You shall not misrepresent or impersonate any person or entity for any false or illegal purpose;
• You shall not use any virus or hacking tool for interfering in the operation of the Application or data and files of the Application;
• You will not use any device, scraper, or any automated thing to access the Application for any purpose without taking permission from us.
• You will inform us about anything that is inappropriate or you can inform us if you find something illegal on the application;
• You will not interfere with or try to interrupt the proper operation of the Application through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Application through hacking, password or data mining, or any other means;
• You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Application;
• You will not take any action that levies or may levy (in our sole decision) an unreasonable or unreasonably big load on our technical arrangement; and
• You will let us know about the unsuitable content of which you become aware. If you discover something that infringes any law, please let us know, and we’ll review it.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so to operate the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, in our sole and absolute discretion, to deny you access to the Application or any service, or any portion of the Application or service, without notice, and to remove any content.

GENERAL CONDITIONS

• We do not guarantee the accuracy, completeness, validity, or timeliness of the information listed by us.
• We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
• The application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service.
• You acknowledge and agree that we are not responsible for addressing any claims you or any third party may have concerning the application;
• Both you and we acknowledge and agree that in your use of the application you will comply with any applicable third-party terms of the agreement that may affect or be affected by such use.
• You shall not post material to the Cabcher Application in which the copyright or intellectual property is or may be the property of another person or body.

ILLEGAL SERVICES

You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libellous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe the intellectual property or other rights of another.

INDEMNITY

1. User shall defend, indemnify and hold harmless Company from any third party claims arising out of:
   1. misuse of the Service;
   2. breach of terms of this Agreement;
   3. breach of applicable laws;
   4. breach of policy.
2. This indemnity shall survive the termination of this Agreement.

EXCLUSION OF LIABILITY

You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any user or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the Cabcher Application including loss of data or information or any kind of financial or physical loss or damage.

In no event shall NEGUP SOLUTIONS (OPC) PRIVATE LIMITED, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.

CONFIDENTIALITY

Any materials provided by the Client/Customer in the course of using our service shall be kept confidential by us as against third parties, unless the disclosure is required under the process of law or unless the disclosure is to our’s financial auditors or governing regulatory bodies. Disclosing or using this information for any purpose beyond the scope of this Agreement.

NO RESPONSIBILITY

We are not responsible to you for:

• any losses you suffer because you cannot use our application at any time; or
• any errors in or omissions from our application; or
• the privacy policies and practices of other linked third-party websites, even if you access them using links from our application; or
• any unauthorized access or loss of personal information that is beyond our control.

SPAM POLICY

You are strictly prohibited from using the Application or any of our’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

THIRD-PARTY LINKS

The Application may comprise links to external or third-party Websites (“External Sites”). These links are provided exclusively as ease to you and not as authorization by us of the content on such External Sites. The content of such External Sites is created and used by others. You can communicate with the site administrator of those External Sites. We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites. You should take safety measures (s) when you are downloading files from all these Websites to safeguard your computer from viruses and other critical programs. If you agree to access linked External Sites, you do so at your own risk.

PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using this Application, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.

ERRORS, INACCURACIES, AND OMISSIONS

Every effort has been taken to ensure that the information offered on this Application is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Application will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available is free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Application and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, and licensees harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Application. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

MISCELLANEOUS

SEVERABILITY If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

TERMINATION Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.

Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.

DISPUTE RESOLUTION If a dispute arises between you and the application Cabcher, our goal is to resolve such a dispute quickly and cost-effectively. Accordingly, you and the application agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the application Services (a “Claim”) following this section entitled “Dispute Resolution.” Before resorting to these alternatives, you agree to first contact us directly to seek dispute assistance by going to Customer Service.

ARBITRATION OPTION For any claim arising between you and Cabcher (excluding claims for injunctive or other equitable relief), the party requesting relief may elect to resolve the dispute cost-effectively through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online, and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.

GOVERNING LAW AND JUDICIAL RECOURSE The terms herein will be governed by and construed under the laws of India and the State of Tamil Nadu without giving effect to any principles of conflicts of law. The Courts of Chennai, Tamil Nadu shall have exclusive jurisdiction over any dispute arising from the use of the Application.

FORCE MAJEURE We will have no liability to you, your users, or any third party for any failure to perform our or its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond our reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

ASSIGNMENT We shall have the right to assign/transfer this agreement to any third party including its holding, subsidiaries, affiliates, associates, and group companies, without any consent of the User.

FEEDBACK CONTACT We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected].